Johnson v. Goldberg

Decided October 5, 1915

Appellate Court of Illinois · decided 1915-10-05

Abstract of the Decision. 1. Appeal and error, § 1402*—when verdict not sustained. A verdict so inconsistent with the theory of the suit and instructions, and so irreconcilable with the evidence that it cannot be deemed otherwise than a mere compromise cannot be sustained on appeal. 2. Municipal Court of Chicago, § 13*—when variance is material. A plaintiff cannot make one claim in his statement of claim and recover on an entirely different claim.

Reversed and remanded · Decided 1915-10-05

Mr. Justice Barnes

¶1delivered the opinion of the court.

Abstract of the Decision.1. Appeal and error, § 1402*—when verdict not sustained. A verdict so inconsistent with the theory of the suit and instructions, and so irreconcilable with the evidence that it cannot be deemed otherwise than a mere compromise cannot be sustained on appeal.2. Municipal Court of Chicago, § 13*—when variance is material. A plaintiff cannot make one claim in his statement of claim and recover on an entirely different claim.